Here are sections numbered 6 and 7 of the letter sent to the NTST - TopicsExpress



          

Here are sections numbered 6 and 7 of the letter sent to the NTST TRUSTEES, and the Directors and Shareholders of Ngati Tuwharetoa Holdings Limited (NTHL) Group of companies. The next post will be sections 8 and 9, and the summary of the letter. 6. PROCESS FOR OBTAINING THE TRUST DEED: We independently resolved DENIAL of copy of the TRUST DEED, after finding a copy of it in personal archives, then, issued it freely to beneficiaries at the Beneficiaries’ Action Group hui held 14th April 2013. Having struggled to obtain a copy of TRUST DEED, many beneficiaries are now in a better position to know what our beneficiaries’ entitlements, and TRUSTEES’ obligations, are – which, was previously denied by NTST TRUSTEES, AND NTHL GROUP COMPANIES’ DIRECTORS AND SHAREHOLDERS. We already have an independently obtained Solicitor report of the 30th May 2004 TRUST DEED, which identifies that there is limited, if any, benefits and entitlements for beneficiaries, and wide powers for Trustees. This is confirmed by the copy of the TRUST DEED dated 30th May 2004, which we now have. In our view that is unacceptable IMBALANCE, which, we claim, is the root cause of prevailing uncertainty, anxiety and confusion amongst beneficiaries. The signatories to this letter have all experienced that denial of crucial information is also a widely known Rae Beverley Adlam tactic to undermine the constituent community and to avoid full exposure of the extent of her dishonesty and oppressive practices. We would appreciate a response from you all as to how and when you intend to make availability of the Trust Deed more freely available to beneficiaries, namely – 6.1 It is issued on request by beneficiaries, without question; 6.2 A notice is displayed on the receptionist desk of the availability, procedure and costs of obtaining a copy of the Trust Deed; 6.3 It is made available on-line by means of user-friendly access to website which we understand is soon to be constructed. Please inform when this website will be operational. ITEM 6 REQUESTED TASK: Please send written reply letter, and any support documents, fully explaining how Trustees, Directors and Shareholders will address this matter. In particular, please reply to 6.1 to 6.3 above. Please send your reply without delay. 7. UNDEMOCRATIC IRREGULARITIES OF THE 2012 TRUSTEES’ELECTIONS AMOUNTING TO CHEATING: In our view there was cheating in the 2012 Trustees Elections by failure of the Returning officer and nominee, Rae Beverley Adlam, to declare conflicts of interests. The NTST Trustees, and NTHL Companies’ Directors and Shareholders were all fully aware of those irregularities BEFORE, DURING AND AFTER the 2012 Trustees’ elections. It is reported by one of the Trustees that the voting material of those elections have been destroyed. If that is true, other nominees have been unfairly denied opportunity for re-count and redress. Further, the NTST TRUSTEES are in the practice of never fully reporting TRUSTEES’ elections results, and they do so, KNOWING it is VERY UNFAIR, particularly to all unsuccessful contestants. That is one area of THE TRUST DEED for which we also seek amendment. We, therefore, claim that Ms Adlam’s re-election as NTST Trustee, and remaining as DIRECTORS in ALL three known subsidiary companies, is by cheating, in conflict with the TRUST DEED. In the circumstances Ms Adlam’s re-election as NTST Trustee should be declared null and void by The NTST Trustees, and NTHL Group Companies’ Directors and Shareholders. But they have all allowed her to remain in all NTST Trustee, and Directors,’ Chairpersons’ and Shareholders’ positions she currently holds, without full and fair explanation, and we request you all to fully explain WHY that is the case? We list our further requests in respect of lack of integrity of the 2012 Trustees’ elections as follows: Please advise if The NTST Trustees, Company Directors and Shareholders are going to - 7.1 Review the re-election of Ms Adlam as NTST Trustee in view of the 2012 Trustees’ elections’ irregularities, in particular, that her long-standing business associate was appointed by the NTST Trustees, and NTHL Group companies’ Directors and Shareholders as the Returning Officer, and they both failed to declare conflicts of interests. 7.2 Respond to the request of Rihi Vercoe for recount of her votes in the 2012 elections, and advise her how many votes she had in her favour and how many of her votes were rejected. 7.3 In accordance with the following, in the TRUST DEED – Clauses 23.7 (a) sections (i) and section (v), AND; Schedule 2 clause 1.5 sections (b.i and bii), AND, Schedule 2 clause 1.5 sections (c.i and c.ii) - We request from the TRUSTEES, confirmation that, AND /OR , confirmation of – 7.3.1 Mr. Harford is the NTST secretary, and when and how he was appointed to that position? Please provide copy of the Minute of Meeting, showing dates, time and those present, when that appointment of Mr. Harford as NTST Secretary was made ; 7.3.2 The number of votes cast, and the number of votes rejected as informal, in the 2012 NTST Trustees’ elections for each nominee; AND; we request a copy of - 7.3.3 The Declaration to the Trustees, issued by Mr. Harford as Returning Officer, of the outcomes of the 2012 Trustees Elections. The Trust Deed states that this request is to be satisfied within 7 business days, after costs of copying, if any, is paid. Please advise details of those costs, if any? 7.3.4 The Minutes of the NTST Trustees’ Meeting recording that Declaration, as at 7.2.3 above, to the NTST Trustees. ITEM 7 REQUESTED TASK: Please send your written responses to all of 7.1 to 7.3.4 above, without delay. I’ve been told that Rae Beverley Adlam is not in the country – she is overseas. Regardless of that absence, the Trustees and other Directors to whom this letter is addressed have a duty to table, discuss and reply to the letter, and the letter being sent by the NTST Beneficiaries’ Action Group. As, I have previously stated, I am very familiar with the Adlam tactics, and, as I recall, “being overseas” at times of high pressure was one tactic. People are entitled to choose to be absent overseas, and that should not be an EXCUSE for the other Trustees and Directors and Shareholders to NOT reply to this letter. We need to be watchful of the “NIECE’S” intervention in obstructing due diligence and due process. That is, there is risk that the Manager, the niece of Rae Beverley Adlam, namely, Elaine August (Savage), will inflict oppressive tactics to “dodge the real issues which she knows will advantage her Aunty” as she has done in the past when they both invaded my home after manipulating their visit to coincide with my being out, and away from home. They are a pair of cunning operators and that is half the problem with the prevailing NTST climate. We have a situation where governance and management are “holding hands” to the great disadvantage of majority beneficiaries. That is why there is so much “fiscal creaming” going on and the lions’ share of that is enjoyed by the powers that be who do nothing, or very little, for the $390.00 to $1750.00 A WEEK IN THE HAND FEES they are paid. Those excess payments for doing very little or nothing keeps the “puppet culture” alive because it buys their LOYALTY, particularly, their support of the power and control of a proven dishonest TRUSTEE. This is an unhealthy duplication of the manipulation I have already witnessed which has already infiltrated the IWI structures in the shifting of KA24 geothermal well by NTGA for the personal gain of Rae Beverley Adlam. This very intelligent and well educated woman has made more out of the Treaty historic grievance claims process than the iwi has. Then, some of them have the audacity to say that the beneficiaries should be grateful for grants totalling about one-fifth of what Trustees receive – so about 300 beneficiaries were paid one-fifth of the fees paid to 7 Trustees, who also are dual-role Directors. The Trustees and Directors don’t have to justify those payments like the beneficiaries have to do. This IMBALANCE must be put under the spotlight. As a registered beneficiary, BY WHAKAPAPA, I would like to know what kind of performance assessment tools are in place to measure how and why these 7 representatives of the people earn those payments. This complacency has been going on since the 2004 to 2005 Post Settlement Governance Entity phase – and it has such a striking resemblance to the destructive pathway that we have endured at the hands of Adlam in the two Savage Whānau Land Trusts. It took an awful lot of time consuming, labour intensive, not to mention – enormous financial sacrifices, to undercover the connectivity of the destruction she inflicted in her Savage whānau with her positions in the IWI. Unravelling that web of deceit is soul destroying and she appears not to care to the extremes that she believes what she has done in involving the IWI in that deceit is a non-event. It will be interesting to see who of – Rae Beverley Adlam Pat Brown - of Strettons, Taupo and the Trustees of the rightful owner of KA24 geothermal well are telling the truth about the claimed fraud and theft of that geothermal asset for the huge personal gain of Rae Beverley Adlam while she held the positions of Chairperson and Trustee of NTST, and Chairperson and Director of Ngāti Tūwharetoa Geothermal Assets Limited (NTGA). One does not have to be a rocket scientist to work out where cause and effect weighs most heavily in this web of deceit. That is what it has come down to – and as NTST beneficiaries, I believe we must heed the warning. While I, personally, would not like the evil inflicted by Adlam and her puppet-culture disciples, that we have been forced to endure in the Savage Whānau Land Trusts, on my worst enemy (not that I have a worst enemy) the reality is – it has impacted on NTST already by her abuse of positions she held. How did she get away with it for so long? Because she held all the INFORMATION, and by that tool of subjugation she enlisted an arsenal of powerful predominantly PĀKEHA professionals, paid with ill-gotten gains, to first of all DENY the entitlements of beneficiaries, after which, it was a matter of severely manipulating the PĀKEHA law to annihilate those entitlements. It is by consistently exposing Rae Beverley Adlam and the part of external managers, such as Pat Brown, that the IWI can survive this arsenal. Kia Tū, Kia Oho, Kia Mataara – tātau katoa e whai nei i te aratika.
Posted on: Sun, 16 Jun 2013 22:21:06 +0000

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